This agreement commences when we notify you that we have accepted your application to participate in the ChiBall.com.au Partnership Program. By participating in this Program, you represent to us that you agree to be bound by these Terms and Conditions. These Terms and Conditions make up a legally binding agreement for your participation in the ChiBall.com.au Partnership Program.
These words have these meanings.
Affiliate refers to YOU as a member of our Partnership Program.
Application means your application to us for participation in the ChiBall.com.au Partnership Program.
Banners and Resources means website banners, quote panels, technical support details and other web based resources to support your activities as our Affiliate under this agreement.
Commencement Date means the date when we notify you that we accept your application to participate as an Affiliate.
Commission means the remuneration we pay you when a Customer has purchased a product through the ChiBall.com.au Website (adjusted for refunds within 14 days from date of purchase).
Customer means a person who purchases a product from the ChiBall.com.au website as a result of having clicked on the hyperlink from your website to the ChiBall.com.au Website.
Gross Payment means the total amount payable for a ChiBall.com.au product on sale on ChiBall.com.au website (excluding GST where applicable).
Hyperlink means an internet link between your website and the ChiBall.com.au Website that is able to be tracked by us.
Program means the ChiBall.com.au Partnership Program.
We Us and Our means ChiBall World Pty Ltd trading as ChiBall.com.au.
ChiBall.com.au Website means our website at www.ChiBall.com.au.
You or Your means the person that is accepted by us as a participant in the ChiBall.com.au Partnership Program.
Your website means that website domain name that you have identified in your application to participate in the ChiBall.com.au Partnership Program.
2. Website Hyperlink
This agreement commences when we notify you that we have accepted your application to participate in the ChiBall.com.au Partnership Program.
We authorise you as our Affiliate to refer customers to the ChiBall.com.au Website by providing a hyperlink from your Website to the ChiBall.com.au Website.
You must comply with any reasonable directions we give you about the placement of Banners, hyperlink and text. This authorisation is non-exclusive and you are not our partner, employee nor agent, and you must not purport to act on our behalf nor do anything that is not expressly authorised under this Agreement.
You must not create any partnership or agency sales relationship with any other person. You do not have authority from us and you are prohibited from making or accepting any offers or representations on our behalf.
We will pay you a commission calculated as a percentage of the total purchase price purchased by a customer arising directly from the customer being referred from your website to the ChiBall.com.au Website. Commission is exclusive of goods and services tax (for Australia only purchases).
If a purchase is cancelled by the customer within 14 days of the purchase, we are entitled to a refund of any commission already paid to you for that purchase and we are entitled to offset any such amount from any further payments due to you.
We may vary how we calculate commission by giving you not less than 30 days notice in writing. We may increase or reduce the percentage rate of commission or change the methodology for calculating remuneration. If you do not agree to this change, you may terminate this agreement by giving us notice in writing effective immediately.
We will pay you Commission monthly in arrears within 30 days after the end of the month in which the purchase was paid for by the customer. For example, where a payment is made via PayPal eCheques a delay of up to 7 days for purchase to be received by ChiBall.com.au is expected.
We will adjust any Commission paid or payable for refunds on cancellation of a purchase. We will deduct the amount in your next Commission payment.
Our calculation of your Commission and your entitlement to payment depends on the hyperlink to the ChiBall.com.au Website being operational for us to collect the necessary data. If the hyperlink does not enable us to collect the necessary data you will not be entitled to any commission on any sales.
ChiBall.com.au makes all commission payments via Paypal, or direct bank transfer to a bank account (for Australian affiliates only). In limited circumstances, ChiBall.com.au may agree to use a different payment method, however this is solely up to ChiBall.com.au’s discretion.
For Australian organisations only: Where you are registered for GST you must inform us of this. We will issue a recipient created tax invoice for supplies made by you to us under this agreement and you must not issue a tax invoice for those supplies. You must notify us if you cease to be registered for GST.
5. Banners and Resources
From time to time will make available website banners, quote panels, technical support details and other web based resources to support your activities as our Affiliate. You may use the Banners and Resources only for the purpose of providing a hyperlink on your website that links to the ChiBall.com.au Website. You may only use the Banners and Resources in a manner approved by us and you must not alter or tamper with the Banners and Resources in any way. You may create your own Banners and Resourcesthat link toour website. Intellectual Property means patents, trade marks, service marks, registered designs, unregistered design marks, trade or business names, copyright, data and database rights, any rights in any invention, discovery or process, confidential information or know-how and documentation.
We own all Intellectual Property in the Banners and Resources, the ChiBall.com.au Website and the ChiBall Trade Marks. We grant to you a non-exclusive and non-transferable revocable licence for the duration of this agreement to use the Banners and Resources, the ChiBall.com.au Website and the ChiBall Trade Marks for the purpose of providing a hyperlink on your website that links to the ChiBall.com.au Website. You must not use the ChiBall.com.au Trade Mark, and you must not use any names or marks that are deceptively similar to or that resemble the ChiBall.com.au Trade Marks without our express permission.
You are solely responsible for the implementation of all URLs that are linked to the ChiBall.com.au Website. Once your application is approved, we will send you an email confirmation with a tracking URL to monitor your website referral and sales. We will be unable to track sales if you make any changes to the tracking URL. You hereby agree that when and if the URL used in tracking sales is modified, erased, corrupted for whatever reason we will not be able to track sales and we will not be liable for payment of any commissions.
You indemnify us and we indemnify you for any liability, loss, damage or expenses arising from a breach of this agreement or any negligent or wilful act or omission.
However we are not be liable for and you release us from any indirect loss or damage (including without limitation any loss of revenue, profits or data) arising under or in connection with this Agreement or the Partnership Program.
We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Partnership Program or that the operation of our website will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in our website or the Partnership Program.
7. Term and Termination
This agreement continues indefinitely. Either you or we may terminate this agreement at any time by giving 7 days notice in writing without having to give reasons.
Service of notice by email to the email address given in your application is deemed to be delivery of notice.
We may terminate this agreement immediately if your website contains content or materials that in our absolute discretion causes or is likely to cause damage to our reputation or the reputation of our partners, clients or our customers. We may immediately terminate this agreement if your Website includes content that is false or misleading, obscene, promotes violence discrimination or illegal activities or infringes the intellectual property rights of any third party.
On termination of this agreement you are no longer authorised to act as our Affiliate and you must immediately remove all Banners and hyperlinks from your website and cease your activities as an affiliate.
We will pay all amounts owing to you for products purchased from the ChiBall.com.au website before the termination date but we will not be liable to pay any remuneration for any products purchased from the ChiBall.com.au website by the customer after the termination date.
8. Force Majeure
Neither you nor we are liable to the other nor deemed to be in breach of this agreement if there is a failure to perform, or delay in performing, this agreement if the failure or delay is beyond that party’s reasonable control. Without prejudice to the generality of the foregoing, we are not liable to you if the ChiBall.com.au Website is down for any reason.
9. Change to these Terms and Conditions
We may change these Terms and Conditions at any time, including commission levels and how we calculate and pay commission under this agreement.
ChiBall World Pty Ltd Trading as ChiBall.com.au
PO Box 581, Walkerville, South Australia 5081